If you disagree with a decision that was made in your absence, you can apply to have it set aside, and the judge will re-consider.

An application for annulment needs to be filed at your local court, and you will need to pay a fee. An application for annulment is also known as a Section 4 review.

You can make an application up to two years after your conviction.

What do I need to include in my application?

When you fill out your application form, you will need to list the details of the offence, and the court and sentencing details.

You will also need to make your reasons for requesting the annulment clear. If you did not attend court because of illness or other extenuating circumstances, make sure you can provide documents to support this.

If you have a criminal lawyer, they can help you fill out the form and advise you what needs to be included.

You will be given a date for a hearing where a magistrate will evaluate your application, and listen to your case and make a final decision.

What will happen if it is successful?

If your application is successful and you previously pleaded guilty, you will have another sentence imposed.

If you previously pleaded not guilty, you can decide whether to maintain your plea or whether to plead guilty.

If you plead not guilty, you will have another trial where your case will be heard, and you can defend yourself in court.

If you choose to plead guilty this time, you will be given a date for a sentencing hearing.